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  • Extension for 3 months

    Hello-

    My parents have 10 years multiple entry visa. At the port of entry their I-94 was stamped for 3 months . Actually they made plans to stay here for 6 months and already booked the return tickets. Now we would like to extend their stay for another 3 months. Is it advisable to extend their stay? When should we plan to apply for extension? Would it create any problem next time when they enter into US? Does this extension affect their multiple entry visa?

    Please post your replies. Thanks.

  • #2
    They were granted a 3 month stay for a reason. Applying for an extension reconfirms the IO's opinion of them. It is likely they are viewed as spending too much time in the US.

    They will likely have difficulties in the future. You should reschedule their flight and they should return home before the date of their CURRENT I-94 and not return for some time.

    If they file for extension, they might be denied future entry or granted even shorter stay.

    A visitor visa is a priviledge that should not be abused.

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    • #3
      Thanks for your reply.

      They realized they got stamping only for 3 months after coming home. Do you think they would have gotten stamping for 6 months if they have asked the immigration officer at the port of entry?

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      • #4
        6 month stamp on I-94 is NOT a given right. It is upto the POE officer to decide how long a visitor can stay.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          If we want to try to extend their stay then how many weeks before their expiry date we should send the extension request. They arrived on Oct 18, 08th and the expiry date on I-94 is on Jan 17,09. ( 3 months) How long does it take for an extension to get approved/denied?

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          • #6
            Apply at least 45 days before expiration of I-94. Months to receive decision.

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            • #7
              They received a restricted I-94... The IO suspects that they would want to stay here indefinitely and you are confirming his suspicions... He probably put in their computer system to "not approve any extensions" and you are wasting time and money and very likely risking their visa to be cancelled.
              Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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              • #8
                What is the actual reason of extension? The below reason is baseless.

                Originally posted by sima08
                Actually they made plans to stay here for 6 months and already booked the return tickets.

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                • #9
                  The reason is my pregnancy. I know we cannot state that as a reason.

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                  • #10
                    Ok folks, get started!

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Did you mean we can go ahead and start applying for extension? When should we exactly start this process? Right away or wait for few weeks. How long does it take to see the approval notice? What if we still don't receive any approval before the expiry date? Can they stay in US until they receive an approval notice?

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                      • #12
                        You are risking their visa altogether by applying for the extension. Did you know that if denied, their visa is void and they would have more trouble next time to even get a visa due to over stay?

                        You could try for an extension but are being too optimistic about the approval.

                        No, I was not talking to you in my previous comment.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment


                        • #13
                          txh1b's comment was my cue.

                          Your family may not lie if asked if you are pregnant.

                          You and they are being judged by US standards. In the US, a woman does NOT need to have anyone but her husband to assist her in pregnancy, birth, and child care of an infant. If you are so concerned and so helpless, you may hire a maid, housekeeper, nurse, doula, midwife, or anyone else you chose. The key is you want someone to WORK. Your family may NOT come on a visitor visa and WORK.

                          If you NEED you family with you, you need to return to their home so they will not be violating US laws by WORKING caring for you. By allowing your parents to move in and care for you, you are depriving yourself and your husband the uninterrupted time to bond with your child. Even if you are first time parents, you do NOT need someone to take over the responsibilities of parents. You are supposed to be sleep deprived, exhausted, have a messy house, have laundry piled on the sofa waiting to be folded, eat quickly prepared meals. That is being a parent in the US.

                          Read the forum. You are not the first to ask this question and get the unvarnished truth. Feel free to search for my other responses.

                          By the way, I am a woman who had 4 children with just the help of my husband who has a very demanding job. I somehow managed to take care of a 4 bedroom house, get 2 children to school at different times as well as music lessons, sports, etc. all while managing a newborn and a one-year-old and a part time job. My daughter does even more since she has a 2 year old, attends grad school full time with a 1 hour commute each way, has a husband whose job takes him away for months at a time, takes care of a house with no cleaning help, leads several school organizations, works as a TA with no reduction in course load, and is now pregnant and her pregancy is considered high risk so she must attend doctors and other clinic appointments at least once every week. If her doctor confines her to bedrest at home or the hospital, someone will hurry in to take the 2 year old during the day; probaby the sister-in-law with the newborn who lives a mile away.

                          Get with it! You CAN do it without your or his parents hovering over you. They may visit to meet their new grandchild. That is an appropriate use of the visa. If they happen to cook a meal or two, fold a load of diapers, or watch the baby so you and your husband can go out to dinner, that is OK because that is what American grandparents do. They may NOT come to the US and keep the baby so you can return to work.
                          Last edited by C4us; 10-22-2008, 04:08 PM.

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                          • #14
                            Originally posted by txh1b
                            Ok folks, get started!
                            I got it started with my question Anybody can guess the reason

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